On September 2, 2025, the U.S. Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) issued a landmark Joint Statement that could reshape the future of cryptocurrency trading in the United States. In a rare show of unity, the two agencies clarified that registered exchanges are not prohibited from listing and facilitating the trading of certain spot crypto asset products, including those involving leverage, margin, or financing. 

Depending on what happens next, this announcement could mark a pivotal moment for the digital asset industry that ends years of regulatory ambiguity and signals a new era of cooperation between the SEC and CFTC. This isn’t new legislation. It is an interpretive statement that clarifies how existing rules can be applied. It should be thought of less as building a new road and more as putting up a clear sign on an existing, unpaved one, finally inviting traffic to drive through.

What Did the SEC and CFTC Actually Say?

The Joint Statement, issued by staff from the SEC’s Division of Trading and Markets and the CFTC’s Divisions of Market Oversight and Clearing and Risk, clarified that national securities exchanges (NSEs), designated contract markets (DCMs), and foreign boards of trade (FBOTs) are permitted under current law to list and facilitate trading of certain spot crypto asset products.

This guidance does not constitute a new rule or exemption, but rather reflects the agencies’ interpretation of existing law. It builds on the recommendations of the President’s Working Group on Digital Asset Markets, which earlier this year urged regulators to provide clarity and foster innovation in blockchain technology.

The statement is part of broader initiatives—Project Crypto by the SEC and Crypto Sprint by the CFTC—aimed at modernizing the regulatory framework for digital assets and positioning the U.S. as a global leader in crypto innovation.

Why Is This Important?

The Joint Statement is important for a number of reasons.  First, regulatory clarity ends the era of uncertainty.  For years, the crypto industry has operated in a legal gray area. Exchanges and investors were unsure whether spot crypto trading—especially involving leveraged or margined products—was permissible on regulated platforms. This uncertainty stifled innovation, discouraged institutional participation, and pushed much of the market offshore.

The Joint Statement removes this ambiguity. It affirms that regulated exchanges can list spot crypto assets without fear of violating federal law, provided they comply with existing rules around clearing, settlement, surveillance, and investor protection.

Second, with regulatory clarity comes confidence. Major financial institutions, including Nasdaq, NYSE, CME Group, and CBOE, can now be expected to explore listing spot crypto products. This opens the door for institutional capital to flow into the crypto markets, which have long been dominated by retail investors and offshore platforms.   Analysts are already predicting a surge in institutional participation. A recent survey reports that 86% of institutional investors plan to allocate capital to crypto in the coming year, up from just 40% in 2022.

Third, ETFs and mainstream integration are likely on the horizon.  The timing of this announcement is especially significant given the more than 90 spot crypto ETF applications currently pending before the SEC. With the green light for spot trading on regulated exchanges, the path is now clearer for ETFs tied to Bitcoin, Ethereum, and potentially other assets like XRP and Solana.   Such products would allow investors to gain exposure to crypto through traditional brokerage accounts, bringing digital assets into the mainstream financial ecosystem.

The Political and Legislative Context

The Joint Statement reflects a broader shift in U.S. policy under the Trump administration, which has taken a more pro-crypto stance. The SEC and CFTC have dropped several enforcement actions and lawsuits against crypto firms, signaling a willingness to work with the industry rather than against it. See our posts here, here and here.  Legislative efforts like the CLARITY Act and GENIUS Act have further emphasized the need for a comprehensive digital asset framework. See our post here. These laws aim to categorize digital assets, streamline compliance, and ensure that innovation remains within U.S. borders.

SEC Chair Paul Atkins and CFTC Acting Chair Caroline Pham have both emphasized that the era of “regulatory hesitation” is over. Their coordinated approach is designed to foster innovation, enhance transparency, and protect investors, all while maintaining the integrity of U.S. capital markets.

What Does This Mean for Exchanges?

For exchanges, the Joint Statement provides direct assurance that they can move forward with spot crypto listings. However, they must still meet rigorous standards around:

  • Clearing and Settlement: Exchanges must ensure secure and efficient handling of trades.
  • Surveillance Systems: Robust monitoring tools are required to detect and prevent market manipulation.
  • Transparency: Trade data must be disseminated clearly and consistently.
  • Reference Pricing: Exchanges are encouraged to collaborate on common pricing venues to facilitate fair market surveillance.

The SEC and CFTC have also invited exchanges and market participants to engage directly with staff, promising prompt review of filings and proposals. This open-door policy reflects a new, more collaborative regulatory environment.

The Road Ahead

On September 5, 2025, Chairman Atkins and Acting Chairman Pham announced a joint roundtable on September 29, 2025, to further discuss regulatory harmonization and gather input from industry participants. Topics will include decentralized finance (DeFi), perpetual contracts, and other innovations in the digital asset space. This second Joint Statement stated that the work of the SEC and CFTC “has never been more intertwined—and the wave of innovation before us never more dependent on the depth of our cooperation.”

This event is expected to shape future policy and could lead to streamlined reporting standards, harmonized product definitions, and coordinated innovation exemptions.  Meanwhile, exchanges are already laying the groundwork to launch spot crypto products. If the rollout proceeds smoothly, the first offerings could appear before the end of the year.

Conclusion: A New Era for Crypto in America

The SEC and CFTC’s Joint Statement is more than a regulatory clarification—it’s a strategic pivot that positions the United States as a global leader in digital finance. By aligning their approaches and opening the door to spot crypto trading on regulated exchanges, the agencies have addressed one of the industry’s most persistent challenges.

For investors, this means greater access, security, and legitimacy. For exchanges, it means new opportunities to innovate and compete. And for the broader economy, it signals that crypto is no longer a fringe asset class—it is part of the financial mainstream.

As the U.S. embraces this transformation, the rest of the world will be watching. The message from Washington is clear: the future of finance includes crypto—and America intends to lead the way.

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David Zaslowsky is partner in the Litigation Department of Baker McKenzie's New York office. He helps companies solve complex commercial disputes in arbitration and litigation, especially those involving cross-border issues and Section 1782 discovery. David has a degree in computer science and, as a result, has worked on numerous technical-related disputes, including, most recently, those involving blockchain and artificial intelligence. In April 2025, Attorney Intel named David one of the top 25 blockchain lawyers in the country. He is the editor of the Firm's blockchain blog and co-editor of the firm's International Litigation & Arbitration Newsletter. David has been included for a number of years in the Chambers USA Guide and Chambers Global Guide for his expertise in international arbitration. He also sits as an arbitrator and is on the roster of arbitrators for a number of arbitral institutions. David sits on the Board and chairs the governance committee of the New York International Arbitration Center, and is a founding member of the International Arbitration Club of New York. For over 35 years, he has written and spoken often on the subjects of arbitration and international litigation.